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ITEM 5.1 Martin Farms 2nd AddP CITY oI= 0 ot MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Planning City Planner Licht 10 February 2014 PRESENTER(s): REVIEWED BY: ITEM #: City Planner Licht City Administrator Johnson 5.1-- Martin Farms 2nd Add. AGENDA ITEM DETAILS RECOMMENDATION: City staff recommends approval of the Martin Farms 2nd Addition final plat and development agreement. ARE YOU SEEKING APPROVAL OF A CONTRACT? I IS A PUBLIC 'NEARING REQUIRED? Yes. I No. BACKGROUND/JUSTIFICATION: Lennar has submitted application for final plat approval of 67 single family lots to be known as Martin Farms 2nd Addition. The City Council approved the preliminary plat and PUD -CUP for the development on 11 February 2013. ■ Preliminary Plat Consistency. The proposed 2nd Addition final plat is consistent with the design for this area of the development shown on the preliminary plat. The phasing for final platting for the second phase of Martin Farms will provide a much needed second access to the neighborhood by providing for extension of Martin Farms Avenue between 70th Street and 73rd Street. This phasing plan also allows for a second water main to be extended between Martin Farms and the developments south of 70th Street, which provides redundancy in case of a pipe failure. ■ Zoning. The subject site is zoned, R-6 Residential Medium Density District, which allows single family dwellings as a permitted use. ■ Lot Requirements. Under the PUD -CUP approved with the preliminary plat, single family lots within wildflower Meadows are subject minimum requirements shown below. All of the proposed lots illustrated on the final plat comply with these requirements. Lot Lot Lot Setbacks Area Width Depth Front Side Rear Wetland Interior 91000sf. 60ft. 100ft. 35ft. 7ft. 20ft. 40ft. Corner (net) 90ft. 30ft. Landscaping. The preliminary plat/PUD-CUP approval for Martin Farms included a landscape plan to provide for boulevard landscaping along the public streets as well as buffer yard plantings required by Section 20-16-7.D of the Zoning Ordinance along MacIver Avenue and 7ot�' Street. The developer has submitted a revised landscape plan for the areas of Martin Farms 2n`' Addition will be required to install this landscaping as a condition of final plat approval. Access/Streets. Streets within the proposed final plat are designed with a 60 foot right-of-way and 28 foot street section with concrete curb and gutter. A five foot wide concrete sidewalk will be constructed along one side of all public streets as required by the Subdivision ordinance and Engineering Manual. All street construction plans are subject to review and approval of the City Engineer. The section of the public street adjacent to Lots 1-3, Block 6 is to be designated at 72nd Street on the final plat. Signs identifying future extension of public streets are to be installed at the termini of 71St Street, 72nd Street and 73rd Street east of Martin Farms Avenue, 71St Street south of Martin Farms Avenue and 72nd Street west of Martin Farms Avenue. The developer will pay a collector street access fee of $1,690/lot as part of the development contract for the construction of MacIver Avenue equal to $113,320. Park and Trail Dedication. Park and trail dedication requirements for Martin Farms were calculated with Phase 1 based on the overall project area of 306.09 acres. Outlot. D, Martin Farms was dedicated to the City satisfying 6.3 percent of the required dedication. The Future Parks and Trails System Plan included in the Comprehensive Plan does not designate any area within Phase 2 for additional park land acquisition. As such, park and trail dedication requirements for Phase 2 will be satisfied by payment of a cash fee in lieu of land calculated as follows: 67 of lots x $3,345/lot x 93.7/0 = $210,184 City staff will discuss with the developer construction of the trail along the north side of 70th Street from Maclver Avenue to the east plat line as part of their project for credit to the park dedication fees. This section of trail is not included in the current lot" Street construction plans. ■ Grading and drainage Plans. The developer has submitted grading and drainage plans for the proposed 2nd Addition. All grading and drainage plans are subject to review and approval by the City Engineer. The developer is required to pay a Stormwater Impact Charge for Otsego Creek at the time of final plat approval calculated at $3,175/net acre with the development contract. Utilities. The developer has submitted utility plans for the proposed 2nd Addition. All utility plans are subject to review and approval by the City Engineer. The developer is required to pay Utility Availability Charges at the time of final plat approval of: o Water Availability Charge: $1,566/REC x 67 lots = $104,922 o Sewer Availability Charge: $2,200/REC x 67 lots = $147,400 The developer will receive credit within the development contract for installation of water main within loth Street as part of this project as summarized in the City Engineer's review. The trunk water main is identified on the City's utility plans to provide connection between two water service mains and also for future extension of services to the east. ® Easements. The final plat illustrates drainage and utility easements at the perimeter of each single family lot. The easements along the south lines of Lots 9, Block 4 and Lot 1, Block 5 must be revised to be a minimum 20 feet wide for the required buffer yard plantings adjacent to 70th Street. All easements are subject to review and approval of the City Engineer. ■ Street Lighting. Section 6-5-4 of the City Code specifies installation of street lighting for new subdivisions. Type I lighting will be required to be installed at the corners of intersecting local streets and a Type II light installed at intersection of loth Street and Martin Farms Avenue by the developer. The development contract will provide for payment of the street light operation fee established by the City Code. ® outlot A. The proposed final plat includes one outlot, which is the remainder of the property within Martin Farms Phase 2 that has been preliminary platted and is reserved for future development. ■ Development Agreement. The City Attorney has drafted a development agreement related to the proposed final plat to provide for construction of the project, completion of all public improvements, establishment of required securities and payment of applicable fees. The Development Agreement is to be adopted by resolution of the City Council concurrent with the final plat approval and executed prior to recording of the final plat. SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE A. Site Location B. Engineering Review dated January 22, 2014 C. Findings of Fact and Decision D. Resolution 2014-09 approving the Development Agreement E. Development Agreement F. Final Plat G. Landscape Plan H. overall Grading Plan I. overall Utility Plan POSSIBLE MOTION Please ward motion as you would like it to appear in the minutes. --- - - — ---- - -- - -- - Motion to approve the Martin Farms 2nd Addition final plat subject to the conditions as outlined in the Findings of Fact and Decision and adopt Resolution 2014-09 approving a Development Agreement. BUDGET INFORMATION FUNDING: I BUDGETED: ❑ YES u NO ACTION TAKEN ❑ APPROVED AS REQUESTED o DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: ■ Nei wk .-4Pd L l 1.-L� ■ - , ow IN - . u Nov i arr",i �� rrrri�l ' *- �� �4',' +' ., t� r IM tip ron rr UR ON- �£ �Z-j - - ,. � �� �• -fes � ��' �All : i - _ 4 L�®,r ` 1 rF , rrr, - ■ ' _ _ ,rte- _ � �� F4 # � _ � t_ `S� .,, • \1.1 _ , ` � :� . gyp, t . `pr 77[ CIO Mb Uu LiV Irv— ro fn PM.} /i u� [' r•- ,mil �.JYnl f ff �l 1 } ► r 'L� � a � � I I 1 � i y f 7 . C .0 All a Review No. 1 ENGINEERING REVIEW 1Hakanson Residential Subdivision 1AIAnderson for the City of Otsego by Hakanson Anderson Associates, Inc. Submitted to: Honorable Mayor and City Council cc: Lori Johnson, Administrator Ta m i Loff, City Clerk Dan Licht, City Planner Andy MacArthur, City Attorney Ronald J. Wagner, P.E. Lennar Corporation Fran Hagen, P.E., Westwood Professional Services, Inc. Reviewed by: Brent M. Larson, P.E. Date: January 22, 2014 Proposed Development: Martin Farms 2nd Addition Street Location A portion of the SW 1/4 of section 30, T1 21 , R23. North of loth Street NE and East of MacIver Avenue NE. Applicant: Joe Jablonski Developer: Lennar Corporation 1630536 th Avenue North, suite 500 Plymouth, Minnesota 55445 (952) 249-3014 Owners of Record: Lennar Corporation Purpose: Martin Farms 2nd Addition is a proposed 57 single-family residential lot development on 25+ acres of the 49.5± acre Martin Farms, Outlot F (also called Phase 2), in the City of Otsego, Wright County, Minnesota. The proposed development will be served with municipal water, sanitary sewer, storm sewer, and public streets typical of an urban setting. Jurisdictional City of Otsego, Wright County, Minnesota Department of Agencies: Natural Resources, Minnesota Pollution Control Agency, (but not limited to) Minnesota Health Department Permits Required: NPDES, Minnesota Department of Health (water), and (but not limited to) Minnesota Pollution Control Agency (sanitary sewer) C:\UserslTamilAppDataiLocal\Microsoft\Windows\Temporary Internet Files\Content.outlook\K4X23YMOlot2322-RVW `i .doc INFORMATION AVAI LI BLE FINAL PLAT CONSTRUCTION PLANS COVER SHEET OVERALL UTILITY PLAN SANITARY SEWER AND WATERMAI N PLAN STORM SEWER AND STREET PLANS DETAILS GRADING PLANS DEVELOPMENT PLAN STORM WATER POLLUTION PREVENTION PLAN (SWPPP) HYDRO LOGY/STO RMWATE R OTHER CONSIDERATIONS SUMMARY AND/OR RECOMMENDATION C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlookl1C4X23YMOlot2322-R\/Ifi `i .doc INFORMATION AVAILABLE Construction Plans for Martin Farms 2nd Addition, 1111114 revision, by Westwood Professional services, Inc. Storm sewer Design calculations for Martin Farms 2nd Addition, dated 1111114, by Westwood Professional services, Inc. Grading, Drainage and Erosion control Plan for Martin Farms Phase 2 (Outlot F), 10/30113 revision, by Westwood Professional Services, Inc. Final storm Water Runoff calculations for Martin Farms Phase 2 (Outlot F), dated 10123113, by Westwood Professional services, Inc. Preliminary Plat submittal (includes: Preliminary Prat, Preliminary Grading and Erosion Control Plan, and Preliminary Utility Plan, and street Profiles) of Martin Farms, Phase 2 (Outlot F), 1/11/131 by Westwood Professional services, Inc. Additional Information Preliminary Plat of Martin Farms, 0110103, by Westwood Professional services, Inc. As -built Construction Plans for Martin Farms, 12110109, by Westwood Professional services, nc. As -built Grading Plans for Martin Farms, 1114109, by Westwood Professional services, Inc. Final storm Water Runoff calculations for Markin Farms, dated 4120104 and revised 719120047 by Westwood Professional services, Inc. Geotechnical Report for Martin Farms, 118103, by Northern Technologies, Inc. Environmental Assessment Worksheet, June 2003, by Schoell & Madson, Inc. City of Otsego Engineering Manual, 2009 Revision Minnesota Rules, chapter 4410 -- EAW Requirement City of Otsego Zoning and Subdivision ordinances, 10114102 National Wetland Inventory Map, 1991 C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Fifes\Content.outlook\K4X23YMO\ot2322--RVW 1.doc FINAL PLJvVY 1) A 20' wide drainage and utility easement along the south property lines of Lot 1, Block 5 and Lot 9, Block 4 is required to cover a required landscaping berm. 2) The street in front of Lots 1-3, Block 6 is to be designated as 72nd Street. 3) All utilities extending beyond the platted boundaries or into Outlot A shall be covered by drainage and/or utility easements. (i.e. along Martin Farms Ave, south of 72nd Street, and east of Lot 3, Block 6) . 4) All wetlands shall be shown on the final plat. (i.e. wetlands in Block 1, Block 7, Outlot A) 5) The typical detail showing Drainage and Utility Easements along lot lines does not pertain to the required 20' wide easement along rear lot line (or 10' on each side of the lot line for common rear lot lines). These 10' wide easements must be labeled throughout the plat. 6) The separate existing easement covering the storm sewer at the northwest corner of Lot 1, Block 7 is no longer necessary and should be vacated. 7) A few dimensions along the front lot lines of Lots 10--11, Block 7 are missing. It appears that these lot widths were revised from the preliminary plat to accommodate a new storm sewer line between Lots 8 & 9, Block 7. verify that these lots meet the minimum requirements for lot width and area. 8) The County Surveyor will check that the plat meets all minimum state statute requirements prior to the preparation of mylars. CONSTRUCTION PLANS Cover Sheet (Sheet 1) 1) The benchmark(s) and datum shall be NGVD 1929 Adj. Datum (All Sheets) 2} Provide an approval signature line for Ronald J. Wagner, P.E., city Engineer. Overall Utility Plan (Sheet 2) 1) The street in front of Lots 1-3, Block 6 is to be designated as 72nd Street (All Sheets) 2} A portion of the building pad at Lot 7, Block 3 has insufficient hydrant coverage. We recommend moving the hydrant located along the lot line between Lots 10 & 11, Block 3 to the lot line between Lots 9 & 10, Block 3. c:\Users\Tami\AppData\Local\Microsoft1VVindows\Temporary Internet Fifes\content.outlook\1f4X23YM01ot2322-RVVV 1.doc 3) The temporary cul-de-sacs at the ends of 73rd street and 72nd street shall be shown. 4) Move the sanitary sewer manholes at the east ends of 73rd, 72nd, and 71st streets west about 10' and provide stub pipe at minimum grade out of each manhole, to the property line, for future connections. 5) The gate valve located on the east leg of the watermain at the intersection of 71St Street and Martin Farms Ave shall be move to the north leg. 6) We recommend adding a valve (as contractors generally insist on testing against their own work) at the connection to the watermain near the intersection of Martin Farms Ave and 70th Street. 7) All sanitary sewer manholes in clay soils shall have a Hamilton Kent Lifespan System frame and casting. Please make a note in the plans to call attention to this. Sanitary Sewer and Watermain (Sheets- 3- 1) Call out the elevations, sizes and types of all existing utilities that are being connected to or utilized by Martin Farms 2nd Addition. (All sheets) 2) Pertaining to the Notes regarding service stubs, we have been receiving comments from the MN department of health that a minimum of 10' of horizontal separation is required between all sanitary and water services regardless of vertical separation. (All sheets) 3) The 8" gate valve on the south leg at the intersection of 72nd Street and [Martin Farms Avenue is shown on the sanitary sewer. Please revise. 4) The stationing of the wye to lot 1, Block 1 is incorrect. Please revise. 5} A minimum of 2' vertical separation is required between all sanitary/watermain or services at storm sewer crossings X12" of separation is allowed with 4" of insulation). Please review the following for conflicts with storm sewer and revise locations or provide notes addressing the issue: a. All water services to Block 1 b. Watermain crossings at service to Lot 3, Block 6. c. watermain crossings at 73rd and 72nd streets. Street and Storm Sewer (Sheet 6-11) 1) Sanitary and watermain shall be shown (greyed out) on the storm sewer plan sheets. At a minimum the watermain and sanitary sewer crossings shall be shown in the background in the profiles. 2) Please include a note as to whether the pipe lengths include the FES lengths or not. C:\Users\TamilAppData\Local\MicrosoftlWindows\Temporary Internet Files\Content.outlook\K4X23YMolot2322--RVW I.doc 3) All FES's requiring erosion control (i.e. Rip -Rap) shall have articulated concrete block per Otsego Standard Plate #500. 4) Draintile shall be shown (where the top of pipe protrudes into the street aggregate base) on the high side of the storm sewer pipe and on both sides of the pipe at low points. 5) Call out/show end of street construction limits in profile at south end of Martin Farms Ave on sheet 7, at west end of 72nd Street on sheet 8 (currently called Martin Farms Ave) , at south end of Martin Farms Ave on sheet 9, and at the east end of 72nd Street on sheet 10. 6) Sheet 7, it does not appear that the longitudinal draintile north and south of CBs 500 and 517 is necessary, just the transverse draintile on both sides of the pipe crossing is needed here. There are a few other areas where the lack of or inclusion of draintile should be looked at more closely. Please see attached redlines identifying these areas. 7) Sheet 7, the street subgrade line is not shown in the profile as it is on other sheets. This line is helpful to identify where draintile is necessary. Please revise. 8) Sheet 8, the horizontal curve at station approximate station 22+36 does not meet the minimum 250' radius. 9) Sheet 10, the grade around curb in the NE quadrant of the 72nd street and Martin Farms Ave is 0.06%. A minimum of 0.60% is required along concrete curb. 1 O)Sheet 11, all HDPE pipe shall have a minimum of 3' of cover over the top of the pipe per 5.01.2 of the Otsego Engineering Manual. 11 }Sheet 11, the proposed ground profile shown in "Profile H" does not appear to agree with the proposed storm sewer rim elevations. Review and revise. Details (Sheet 12) 1) Many of the Otsego Standard Plates have been revised in 2013 Otsego Engineering Manual. Please refer to the City of Otsego website for updated standard plates. http://www.ci.otsego.mn.us/index.asp?TyiDe=B BASIC&SEC={F292319E-78F3- 4793-9F1 B-AA40DAAFFBD51 2} Many details are missing from the plans. Details such as: a normal (not drop) sanitary sewer manhole, service details, gate valves and hydrants, temporary cul-de- sac, type 3 barricades, etc. Revise to include all necessary details. C:\Users\Tami\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\K4X23YMO\ot2322-RVVV 1 -doc GRADING PLANS 1) The benchmark(s) and datum shall be NGVD 1929 Adj. Datum (All Sheets) 2) Provide an approval signature line for Ronald J. Wagner, P.E., City Engineer. 3) The street in front of Lots 1-3, Block 6 is to be designated as 72nd Street (All Sheets) 4) The wetland along the rear lot lines of Lots 1-8, Block 7 appears to be drained by the existing storm sewer pipe at the northwest corner of Lot 1, block 7 (Inver = 926.47). The stormwater discharge from Pond A was originally proposed to discharge through this wetland and is not being (at least partially) diverted to the storm sewer system along Martin Farms Avenue. There is concern that this wetland will not be functional without the water from Pond A. 5) The rear lot corner elevations of Lots 1-8, Block 7 do not appear to agree with the existing and proposed contours (i.e. the existing wetland elevation appears to be between 928-930 and the proposed lot corners are all 932.0). Review and revise. DEVELOPMENT PLAN 1) A development plan has not been submitted at this time. A development plan and separate tabulation shall be submitted prior to the start of construction. STORM WATER POLUTION PREVENTION PLAN (SWPPP) 1) A SWPP Plan has not been submitted at this time, though some of the required sediment control and erosion prevention has been included on the grading plans. A SWPPP shall be submitted for review prior to the start of construction. 2) A concrete washout area shall be depicted in the plans. Check that the runoff from this area(s) is contained and does not enter wetlands, ponds or other waterways. IN MOT [9-11siTivamm 1) The Storm Water Runoff Calculations were submitted and reviewed with the preliminary plat submittal for Martin Farms Phase 2 (Outlot F). These calculations were revised 10/23/13 and found acceptable. The Storm Sewer Design Calculations, dated 1/11/14 2) The minimum time of concentration shall be 10 minutes with an 10 year frequency intensity of 5.8 in/hr at 10 minutes. C:\Users\Tami\AppData\Local\Microsoft\VVindows\Temporary Internet Files\Content.Outlook\K4X23YMO\ot2322-RVVV 1.doc 3) Provide justification of the rational method runoff coefficients ("C value") used. Not every C value needs to be calculated just a typical calculation of each C value used (i.e. typical single family rear yard, single family front yard, and muli-family, etc.) OTHER CONSIDERATIONS 1) A concrete washout area shall be depicted in the plans. Check that the runoff from this area(s) is contained and does not enter wetlands, ponds or other waterways. 2) Mailbox locations shall be shown in the plans. (All new developments in urban areas shall have a postmaster general approved mailbox. A cluster locking mailbox is required in all Otsego mailing zip codes for new developments). 3) We recommend that the developer construct a 10' wide bituminous off-street trail along the north side of 70t" Street, within the 70th Street Right -of -Way, from Martin Farms Avenue to MacIver Avenue in lieu of a portion of the required Park and Trail Dedication Fee. Construction of a trail along 70th Street from Martin Farms Avenue to Odean Avenue is expected to start in 2014 to make an east -west connection for pedestrians and bikers. The Cities of Otsego, Albertville, and Wright County are seeking funding approval for reconstruction of 70th Street from MacIver Avenue to CSAH 19 in 2018, which would also include a 10' wide bituminous off-street trail. Constructing this portion of the trail along the south edge of Martin Farms at this time will avoid a gap in the trail system in the near future. Approximately'/4 mile of 16" trunk watermain should also be extended west, along with the construction of this trail. SUMMARY AND/OR RECOMMENDATION We recommend approval contingent upon the above comments being addressed and the SWPPP and Development Plan being be submitted for acceptance prior to the start of construction. C:\Users\Tami\AppData\Local\Microsoft\ftndows\Temporary Internet Files\Content.outlook\K4X23YMo\ot2322-R\NV 1.doc kit Ot e 1 0 9 FINDINGS OF FACT AND DECISION 31 January 2014 r_Ir Y APPLICANT: U.S. Home Corporation d/b/a Lennar APPLICATION: Request for approval of a Final Plat for 66 single family lots to be known as Martin Farms 2nd Addition. CITY COUNCIL MEETING: 10 February 2014 FINDINGS: Based upon review of the application and evidence received, the city council of the City of Otsego now makes the following findings of fact: A. The legal description of the property is Outlot F, Martin Farms located within the city of Otsego, county of Wright, State of Minnesota. B. The subject site is guided by the Comprehensive Plan for low density residential uses within the West Sewer District. C. The subject site is zoned R-6, Medium Density Residential District. D. The City council approved application for preliminary plat approval to subdivide 49.8 acres into 132 single family lots, two outlots and public right-of-way on 11 February 2013. E. The applicant is proposing a final plat of 67 single family lots to be known as Martin Farms 2nd Addition. F. The Request for Council Action dated 27 January 2014 prepared by the city Planner, The Planning Company LLC, is incorporated herein. G. The Engineering Review dated January 22, 2014 prepared by the city Engineer, Hakanson Anderson Inc., is incorporated herein. H. Final plat applications are processed in accordance with Section 21-3-3 of the Subdivision Ordinance and do not require a recommendation by the Planning commission.. DECISION: Based on the foregoing information and applicable ordinances, the application is hereby APPROVED subject to the following conditions: 1. The applicant shall execute a development agreement as drafted by the City Attorney and subject to approval of the City council. 2. All of the lots within Martin Farms 2nd Addition shall comply with the following minimum lot requirements: 1 3. The final plat shall be revised to provide minimum width of 20 feet for the drainage and utility easements along the south lot lines of Lot 9, Block 4 and Lot 1, Block 5 adjacent to 70th Street. 4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land of $210,184 less any credits for trail construction approved by the City Engineer. 5. The applicant shall pay applicable utility availability charges upon approval of the final plat (less any credit for installation of trunk water main as approved by the City Engineer) with utility connection charges to be paid at the time a building permit is issued for each lot based on the current fee in effect at that time. 8. All construction plans for sanitary sewer, water main, storm sewer and streets shall be subject to review and approval by the city Engineer. 7. All grading, drainage and erosion control plans are subject to review and approval by the city Engineer. 8. Street lighting shall be installed within the final plat in accordance with Section 5-8--4 of the City code with payment of charges as established in accordance with the city Fee Schedule, subject to review and approval of the city Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest:. ADOPTED by the city Council of the city of Otsego this '1 oth day of February, 2014, Tami Loff, city clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor Lot Area Lot Width Lot Depth Setbacks Front Side Rear Wetland Interior 9,000sf. (net) 60ft. 100ft. 35ft. 7ft. 20ft. 40ft. Corner 90ft. 30ft. 3. The final plat shall be revised to provide minimum width of 20 feet for the drainage and utility easements along the south lot lines of Lot 9, Block 4 and Lot 1, Block 5 adjacent to 70th Street. 4. The applicant shall satisfy park and trail dedication requirements as a cash fee in lieu of land of $210,184 less any credits for trail construction approved by the City Engineer. 5. The applicant shall pay applicable utility availability charges upon approval of the final plat (less any credit for installation of trunk water main as approved by the City Engineer) with utility connection charges to be paid at the time a building permit is issued for each lot based on the current fee in effect at that time. 8. All construction plans for sanitary sewer, water main, storm sewer and streets shall be subject to review and approval by the city Engineer. 7. All grading, drainage and erosion control plans are subject to review and approval by the city Engineer. 8. Street lighting shall be installed within the final plat in accordance with Section 5-8--4 of the City code with payment of charges as established in accordance with the city Fee Schedule, subject to review and approval of the city Engineer. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest:. ADOPTED by the city Council of the city of Otsego this '1 oth day of February, 2014, Tami Loff, city clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO, 2014-09 RESOLUTION APPROVING DEVELOPERS AGREEMENT- MARTIN FARMS SECOND ADDITION WHEREAS, Lennar is seeking approval of a Plat known as MARTIN FARMS SECOND ADDITION; and WHEREAS, the approved Plat requires construction of public improvements and payment of City costs and fees; and WHEREAS, those obligations are contained and memorialized in the attached Developers Agreement.; and WHEREAS, the Developers Agreement also sets forth the security required to assure satisfactory construction of public improvements and establishes the various remedies available to the City in the event that Developer breaches the terms and conditions of the Agreement. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows; 1. The attached Developers Agreement between the City of Otsego and Lennar is hereby approved. 2. The Mayor and City Clerk are hereby authorized to execute the Developers Agreement on behalf of the City of Otsego. ADOPTED this 10t' day of February, 2014 by the City Council of Otsego. MOTION TO ADOPT the Resolution by Council Member, and seconded by Council Member OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk DEVELOPMENT AGREEMENT MARTIN FARMS SECOND ADDITION AGREEMENT entered into this day of January, 2014 between the City of Otsego ("City"), a municipal corporation organized under the laws of the State of Minnesota, and US Homes Corporation, a corporation under the laws of the State of Delaware ("Developer"). 1. Request for Plat Approval. The Developer has requested that the City approve that plat entitled MARTIN FARMS SECOND ADDITION. A preliminary plat for NLARTIN FARMS SECOND ADDITION was approved on February 11, 2013. The final plat of MARTIN FARMS was approved on March 8, 2004 and the original Developers Agreement for MARTIN FARMS was dated June 30, 2004. The legal description of the property covered by this Agreement is as follows: Outlot F, MARTIN FARMS according to the Plat on file and of record at the Office of the County Recorder, Wright County, Minnesota. The Plat contains sixty six (67) single family residential lots. The plat is located within the City's West Sewer District, is zoned R-6, Residential Medium Density District as approved by Ordinance adopted by the City Council on October 11, 1999. The Final Plat for MARTIN FARMS was approved by the City Council on March 8, 2004. 2. Conditions of Plat Approval. The City hereby approves the Plat on condition that the Developer enter into this Agreement, furnish the security required by it, and record the Developers Agreement with the Wright County Recorder or Registrar of titles within one hundred (100) days after the City Council approves the Agreement. The Developer shall cooperate with the City in recording the Agreement and all required additional deeds and documents and providing assurance that the Agreement and all required documents have been properly and timely recorded. Any restrictive covenants for thephase shall be submitted to the City Attorney for approval and shall be recorded prior to sale of any lots within this Phase. 3. Right to Proceed. Within the Plat, the Developer may not grade or otherwise disturb the earth, remove trees, construct sewer lines, storm sewers, water lines, streets, utilities, public or private improvements, or any buildings or structures until all the following conditions have been satisfied: 1) this Agreement has been fully executed by both parties and filed with the City Clerk-, and all conditions contained in the Agreement have been met, 2) the necessary security has been received by the City, 3) this Agreement has been recorded with the Wright County Recorder's Office, 4) The Developer has initiated and attended a pre -construction meeting with the City Engineer, and 5) the Zoning Administrator has issued a letter that all conditions have been satisfied and that the Developer may proceed; or until such time as approval to commence earlier construction is specifically approved by the City, and Developer has fully complied with all conditions set forth by City staff. 4. Sanitary Sewer Service Allocation. The allocation of sanitary sewer service to the 66 lots within the Phase does not occur until all required security has been posted. 5. Changes in Official Controls. MARTIN FARMS SECOND ADDITION is a planned and staged development within the meaning of Minn. Stat. 462.358, Subd. 3c, and no amendment to the City's Comprehensive Plan or other Official Controls shall apply to or affect the use, development density, lot size, lot layout, or platting requirements for MARTIN FARMS SECOND ADDITION for a period of five (5) years. Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's Comprehensive Plan, other Official Controls enacted after the date of this Agreement. This provision does not apply to regulations or Official Controls related to par1c, and trail dedication or any fee established by the City chargeable to the Developer for municipal costs arising from said future phases. 6. Development Plans. The Plat shall be developed in accordance with the plans on file at the office of the City Clerk- and the conditions stated below. If the plans vary from the written terms of this Agreement, the written ten -ns shall control. The plans are: Plan A Final Plat, MARTIN FARMS SECOND ADDITION prepared by Westwood Professional Services, Inc. Plan B Grading, Drainage, and Erosion Control Plan prepared by Westwood Professional Services, Inc. and as finally approved by the City Engineer. Plan C Sanitary Sewer, Water Main, Storin Sewer and Streets Plans for MARTIN FARMS SECOND ADDITION, as prepared by Westwood Professional Services, Inc., and as finally approved by the City Engineer. Plan D Preliminary Landscape Plan for MARTIN FARMS SECOND ADDITION, prepared by Westwood Professional Services, Inc., and as finally approved by the City Zoning Administrator. 7. Improvements. The Developer shall install and/or pay for the following: A. Streets B. Street lights C. Site grading and ponding D. Underground installation of all utilities E. Sanitary sewer lines F. Water lines G. Storm water management improvements H. Setting of lot and block monuments 1. Construct -ion surveying and staking J. Traffic control signs Improvements shall be installed in accordance with City standards, the City Code, and the above -referenced plans that have been furnished to the City and approved by the City Engineer. The Developer shall obtain all necessary permits before proceeding with construction. The City shall provide adequate field inspection personnel to assure acceptable quality control, which will allow certification of the construction work. The City may, when reasonably required to do so, and at the Developer's expense, have one (1) or more City inspectors and a qualified engineer inspect the work-. Within thirty (30) days after the completion of the improvements and before all retained security is released, the Developer shall supply the City with a complete set of reproducible "as constructed" and an electronic file of the "as constructed" plans in AutoCAD.DWG file or a DXF file, all prepared in accordance with City standards. Before the security for the completion of utilities is fully released, iron monuments shall be installed in accordance with Minnesota Statutes 505.02. The Developer's surveyor shall submit a written notice to the City certifying that the monuments are installed following site grading, utility and street construction. 8. Contractors/Subcontractors. City Council members, City employees, and City Planning Coi-nmission members, and corporations,, partnerships and other entities in which such individuals have greater than a twenty five percent (25%) ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 7 above. 9. Permits. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include, but are not limited to: A. Wright County for County Road access and work in County right of way. B. MNDOT for State Highway Access C. MNDOT for work in right of way D. Minnesota Department of Health for watermains E. MPGA NPDES Permit for construction activity F. MPCA for sanitary sewer and hazardous material removal and disposal G. DNR for dewatering H. City of Otsego for building permits 1. City of Otsego for sanitary sewer connections J. City of Otsego for retaining walls 10. Dewatering. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable County, State, and Federal rules and regulations. DNR regulations regarding appropriations pen -nits shall be strictly followed. 11. Time of Performance. The Developer shall install all listed improvements by December 31, 2014. The Developer may request an extension of time from the City to be submitted in writing to the City Clerk-, for which said extension shall be conditioned upon updating the security posted by Developer to reflect cost increases and the extended cornpletion date. Final wear course placement outside of the above time frame must have the written approval of the City Engineer. The City may impose additional conditions on the extension necessary to ensure perfon-nance. 12. Right of Entry. The Developer hereby grants to the City, its agents, employees, officers and contractors an irrevocable right of entry to enter the Plat to perform any and all work and inspections necessary or deemed appropriate by the City during the installation of improvements by Developer or the City, or to make any necessary corrective actions necessary by the City. Except in emergency situations, as defined by the City, the City shall give the developer fifteen (15) business days notice stating the deficiencies and necessary corrections prior to making any corrective action. Said right of entry shall continue until the City finally accepts the improvements and any applicable warranty period has expired. 13. Erosion Control, Prior to initiating site grading, and before any utility construction is commenced or further building pen -nits are issued, the erosion control plan, Plan B. shall be implemented by the Developer and inspected and approved by the City. If the City Engineer deten-nines that it would be unreasonable to require full implementation of the erosion control plan prior to utility construction or issuance of certain building permits, he shall state in writing what construction can take place and what particular building permits can be issued prior to full 'Implementation. The City may impose additional erosion control requirements if, in the opinion of the City Engineer, they would be beneficial. All areas disturbed by the excavation and backfilling operations shall be reseeded forthwith after the completion of the work in that area. If the Developer does not comply with the erosion control plan and schedule or any supplementary instructions, the City may, with reasonable notice, take action as it deems appropriate. 14. Grading Plan. Plat grading shall be in accordance with the approved grading plan, Plan B. The plan shall confon-n to City specifications and the City Code. Ponds, swales, and ditches shall be constructed on public easements or land owned by the City. Within thirty (3 0) days after completion of grading and before any retained security is fully released, the Developer shall provide the City with an "as built" grading plan including certification by a registered land surveyor or qualified engineer that all ponds, swales, and ditches have been constructed on public easements or land owned by the City. "As built" plans shall include field verified elevations of the following: A. Cross sections of ponds B. Location and elevations of swales and ditches C. Lot comers and house pads Occupancy pen -nits shall not be issued by the Building Official until the grading and drainage plan is certified as set forth above. 15. Clean Up. The Developer shall promptly clean any and all dirt and debris from streets and construction sites in accordance with the City Code resulting from construction work- by the Developer, its agents or assigns. 16. Ownership of Improvements. Upon acceptance by the City Council of the work and construction required by this Agreement, improvements lying within public easements and public right-of-way shall become City property without further notice or action. 17. Streets. The Developer agrees to maintain the streets in this Phase until the base course bituminous surfacing has been accepted by the City. Should the City be 61 required to grade the street prior to paving, the cost of such grading shall be paid by the Developer and drawn from. the Developer's letter of credit. Should snow plowing be necessary prior to street paving, the Developer shall be responsible for such plowing as may be required by the Streets Supervisor. If, upon the Developer's request, the City agrees to P low the street prior to acceptance, such work- will be done upon agreement that the Developer will hold harmless and indemnify the City from any and all liability claims related to such work and pay all costs associated with that work. Any plowing undertaken by the City will constitute no acceptance or evidence of acceptance of the street(s) in question. Upon final completion of streets and acceptance by the City as a City street rather than a private drive, the Developer shall guarantee to the City for a period of two (2) years that the streets have been constructed to City standards. The warranty period shall not commence until such time as street construction is completed and the streets are accepted as City streets by the City. The two (2) year warranty set forth above continences upon the date on which the City accepts the streets by resolution. 18. Sewage Treatment. No occupancy pen -nit for any building within the plat will be issued by the City unless the Building Official has inspected both the sewer and water connections to the building and has certified that they have been constructed satisfactorily in accordance with City specifications and the City Code. 19. Administrative Fee. A fee for City Administration of this project is 1% of estimated construction costs or $16,258.00. 20. Sewer Availability Charges. The Sewer Availability Charges for the Plat is as follows; 67 lots at $25200.00 per REC = $147,400.00. Sewer Availability Charges are due upon Final Plat approval. 21. Sewer Connection Fees. Sanitary sewer connection fees are paid at the time of issuance of a building pen -nit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 22. Water Availability Charges. The Water Availability Charges for the Plat is as follows: 67 REC units at $1,566.00 per REC = $104,922.00. Water Availability Charges are due upon Final Plat approval. Developer may be eligible for additional credit on Water Availability Charges for construction of a trunk watennain along 701h Street within the Plat, as approved by the City Engineer. 23. Water Connection Fees. Water connection fees are paid at the time of issuance of a building permit. The applicable amount due per unit shall be the fee per REC unit in place at the time of application for a building permit. 24. Park and Trail Dedication. The Park and Trail Dedication for the Plat is as follows (including credit for previous dedication of Outlot D, MARTIN FARMS) 67 lots x $3,348.00 per lot x 93.7%= $210,184.09. Developer may be eligible for additional credit T onpark- dedication fees for construction of a trail along 701h Street from MacIver Avenue to the east Plat line., as approved by the City Engineer. 25. Street and Traffic Control Signs. Before the City signs the final plat, the Developer shall pay to the City $6,250.00 for installation of traffic control signs (stop signs, street signs, dead-end signs). The said amount was calculated as follows: 25 signs at $ 250.00 per sign. Using these funds, the City shall purchase and install the street and traffic control signs. 26. Street Light Construction. The Developer shall pay for the operation and maintenance of the street lights for a period of two (2) years. In order to facilitate payment of payment for operation and maintenance of street lights, the Developer shall submit a fee to be included within the escrow and fees established in Paragraph 27 of this Agreement and is calculated as follows 5 lights x $ 2,000.00 per light for a total payment of $10,000.00 -, The operation and maintenance of the street lights by the City shall not commence until such time as the street lights are actually constructed. Street lighting shall conform to adopted City Code. 27. City Engineering Administration and Construction Observation, Legal Fees Escrow and City Fees. The Developer shall pay a fee for consulting engineering administration following approval of the Plat. City engineering administration will include consultation with Developer and its engineer on status or problems regarding the project, monitoring during the warranty period, general administration and processing of requests for reduction in security. Fees for this service shall be the actual amount billed for those services estimated to be three percent (3%) of the estimated construction cost of the improvements to be inspected, assuming normal construction and project scheduling. The Developer shall pay for construction observation performed by the City Engineer. Construction observation shall include part or full time observation, as determined by the City Engineer, of proposed street, sanitary sewer, water and storm drainage construction and will be billed on hourly rates actually required for said inspection estimated to be five percent (5°x) of the estimated construction cost of the improvements to be inspected. In the event of prolonged construction or unusual problems, the City will notify the Developer of anticipated cost overruns for engineering administration and observation services. The escrow and fee account shall also include estimated fees for Legal expenses actually incurred, City Administrative Fee (a flat fee due upon execution of this Agreement), Trunk Water and Sewer Access Fees (a flat fee due upon execution of this Agreement), Transportation Infrastructure Costs (a flat fee due upon execution of this Agreement), Park- and Trail Dedication Fees (a flat fee due upon execution of this Agreement), Street Light Maintenance and Operation Fee (a flat fee due upon execution of this Agreement) and shall be established as follows: ESCROW AND FEES City Construction Administration and Utility and Street Inspection Fees (estimated 8% of $ 1,460,591.00) $ 1165847.00 Legal Fees (1% of $ 1,625,781.00, actual billings to be paid) 16,258.00 City Administration Fee (I% of$ 1,625,78 1.00) 16,258.00 Street & traffic control signs (25 at $250.00 per sign) 63250.00 Street light maintenance& operation (5 at $2,000.00 per light) 10,000.00 Park & Trail Dedication Fee (67 lots at $3,348/lot x 93.7%) $ 2105184.09 Transportation Infrastructure cost (67 lots at $1,690.00 per lot) $ 113,230.00 Sewer Availability Charge (671ots at $2,200.00 per REC) $ 1471400.00 Water Availability Charge (67 lots at $1,566.00 per REQ $ 104,922.00 Storm. Water Impact Charge ($3,175.00 per 25 net acres) 795375.00 TOTAL $ 8209724.09 This escrow amount shall be submitted to the City prior to the City executing this Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. Any amounts for legal and engineering not utilized from this escrow fund shall be returned to the Developer when all improvements have been completed, all financial obligations to the City satisfied, and the required "as constructed" plans have been received by the City. All other amounts listed as flat fees are non-refundable and available imt-nediately for City use when posted. 28. Security. To ensure compliance with the terms of this Agreement, and construction of all public improvements, the Developer shall furnish the City with a cash escrow or Irrevocable Standby Letter of Credit with automatic renewal provisions in the amount of $ 2,032,226.20 said amount calculated as follows: Site Grading, Erosion Control & Wetland Protection 75)000.00 Sanitary Sewer- Lateral & Trunk 255,820.00 Waten-nain- Lateral & Trunk 23 0,420.00 Storm Sewer- Lateral 33003.00 73,055.00 1,625,781.00 Streets 570,693.00 a - Engineering and Surveying Construction Services 90,190.00 Landscaping $ SUBTOTAL $ TOTAL SECURITY ($ 1,619,726.00 x 125%) $ 290329226.20 The issuer and form of the security (other than cash escrow) shall be subject to City approval. The security shall be issued by a banldng institution in good standing as determined by the City and approved by the City Administrator. The City shall have the ability to draw on the security at a banl� or branch bank located within fifty (50) miles of the City Hall. The security shall be for a term ending December 31, 2014 and shall contain an automatic renewal provision. The City may draw down the security for any violation of the terms of this Agreement, or upon receiving notice of the pending expiration of the security. It shall be the responsibility of the Developer to inform the City at - least thirty (30) days prior to expiration of the security of the impending expiration and the status of the project relative to the security and this Agreement. If, for whatever reason, the security lapses prior to complete compliance with this Agreement (other than during any warranty period), the Developer shall immediately provide the City with either an extension of the security or an irrevocable letter of credit of the same amount upon notification of the expiration. If the required improvements are not completed at least thirty (3 0) days prior to the expiration of the security, the City may also draw down the security. If the security is drawn down the proceeds shall be used to cure any default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval, the security may be reduced from time to time down to $ 229,351.45 the amount of warranty security. A warranty security in the amount of $ 229,351.45 shall be posted with the City as set forth in paragraph 32 of this Agreement. Notwithstanding the posting of that warranty security, the security shall not be reduced below ten percent (10%) of the posted security until all improvements have been completed, all financial obligations to the City satisfied (which "includes posting of warranty security), and the required "as built" plans have been received by the City. The intent of this Agreement is that the City shall have access to sufficient security, either security or 9 warranty security, to complete the project and insure warranty on all public improvements at all times. This security amount shall be submitted to the City prior to execution of the Agreement. All administrative and legal fees related to plan review, drafting of this Agreement and any other necessary items shall be paid to the City prior to execution of this Agreement. The security for this Agreement shall be an Irrevocable Standby Letter of Credit with automatic renewal provisions conforming to the requirements of this Paragraph or cash in the amount of $ 2,032X6.20. 29. Landscaping. The Developer shall install two (two) trees upon each lot within the Plat of a species approved by the Zoning Administrator. These plantings may not be installed in a public right-of-way. Any security posted for this agreement or prior additions may be used to cure any defects in the event that the Developer, it assigns or successors fail to install landscaping according to this Agreement. Landscaping security to insure compliance with the approved Landscape Plan shall be $ 1,000 per lot to posted with the City at the time of application for a building pen -nit on each lot. Any trees which can cause a public nuisance or public hazard, such as bug infestation or weak bark, are specifically pect ically prohibited. The Developer, Builders or Property Owners (applicant for building permit) in the residential lot area shall sod all front yards within the buildable portion of each lot and shall post any security required by the City to assure landscaping or other items in compliance with the City Code. The Developer, Builder or Property Owner shall provide not less than six (6) inches of topsoil 'in required front yards or side yards abutting public rights-of-way. Where slopes lie in excess of ten (10) percent, sodding (staked) shall be required. Weather permitting, the trees, grass seed and sod shall be planted before Certificates of Occupancy are issued. All grass seed shall be maintained so that turf is established within one (1) year of planting. If landscaping as required by the City Code and this Agreement is not timely completed, the City may enter the lot or lots, perform the work, and apply any posted security toward the cost. The Developer, it assigns or successors, Builder or Property Owner will provide will provide all trees, grass, seed and sod within the Plat and shall maintain said plantings and warrant them to remain alive, of good quality and disease free for twelve (12) months after planting. Any replacement shall be warranted for twelve (12) months from the time of planting. Developer is also required to implement a Landscaping Plan including boulevard landscaping along City streets as well as buffer yard plantings along the rear lot lines of Lots I and 2, Block I and Lots 1-10, Block 2. Security in the amount of $ 91,3 18.00 ($73,,055.00 x 125%) shall be posted in order to insure compliance with the approved Landscaping Plan. El 30. Significant Trees. There are no significant trees within the Phase. The Developer is not required to replace any significant trees. 31. Meters. Meters shall be provided as per City policy. 32. Warranty. The Developer warrants all work required to be performed by it against poor material and faulty workmanship for a period of one (1) year after its completion and acceptance by the City. The amount of posted warranty security for public improvements to be posted by the Developer shall be in the amount of $ 229,351.45. The amount, has been determined by the City Engineer, and is based upon the costs of the raw materials and labor which would be necessary to correct the most common deficiencies in such public improvements. 33. Claims. The Developer shall pay any subcontractor within ten (10) days of the Developer's receipt of payment by the City for undisputed services provided by the subcontractor. In the event that the City receives claims from labor, materialmen, or others that perform work- required by this Agreement, and the sums due them have not been paid, and the laborers, materialmen or others are seeking payment from the City, the Developer hereby authorizes the City to commence an interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to one hundred twenty-five percent (125%) of the clain(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the District Court, except that the Court shall retain jurisdiction to determine attorney fees pursuant to this Agreement. In the event that the Developer desires to make a cash deposit instead of drawing down the letter of credit if a claim is made as stated above, they shall immediately notify the City of this intent at the time the claim is made and shall delivery one hundred twenty-five percent (125%) of the claim to the City within ten (10) days of such notice in the form of cash or certified check. 34. Restrictions. The following restrictions apply to the property and all lots thereon shall be held, sold, and conveyed subject to the following conditions and restrictions, which are for the purpose of protecting the value and desirability of the plat and insuring that all conditions imposed by the City in this Agreement are properly recorded against the property. Said conditions shall run with the real property and be binding on all parties having a right, title or interest in the plat or any part thereof, their heirs, executors, representatives, successors and assigns.- None. 35. Responsibility for Costs. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by them or the City in conjunction with the development of the Plat, including, but not limited to, legal, planning, engineering, and inspection expenses incurred in connection with development of said Plat, the preparation of this Agreement, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers and employees harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from Plat development. The Developer shall indemnify the City and its officers and employees for all costs, damages or expenses which the City may pay or incur in consequence of such claims, including attorney's fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering fees, attorney's fees-, and costs and disbursements. D. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Agreement within thirty (3 0) days after receipt. If the bills are not paid on time, the City may halt all plat development work, and construction, including but not limited to the issuance of building permits for lots which the Developers may or may not have sold, until all bills are paid in full. Claims not paid within thirty (3 0) days shall accrue interest at the rate of twelve percent (12%) per year. 36. Developer's Default. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the City may then draw down the security established in Paragraph 17 to pay for any work undertaken, provided the Developer is first given notice of the work- in default, not less than seven (7) days in advance. This notice provision does not apply if the work performed by the City or its contractors is of an emergency nature_, as determined at the sole discretion of the city. Should such emergency work be required the City will make all reasonable efforts to notify the Developer as soon as possible. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part pursuant to any applicable statutes or ordinances. 37. Miscellaneous. A. The Developer represents to the City that the Plat complies with all City, County, State, and Federal laws and regulations, including but not limited to, Subdivision Ordinances, Zoning Ordinances, and environmental regulations except where specifically excluded by this agreement. If the City determines that the Phase does not comply, the City may, at its option, refuse to allow construction or development IV) work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Agreement. C. Breach of any of the terms of this Agreement by the Developer shall be grounds for denial or revocation of building permits. D. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Agreement. E. If building permits are issued by the City prior to the completion and acceptance of public improvements, the Developer shall assume all liability for the costs resulting in any delay in completion of public improvements and damage to any public improvements caused by the City, the Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface, unless a specific exception is approved by the City. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or release. G. This Agreement shall run with the land, shall be recorded against the title to the property and all propel -ties therein established by the Plat, and shall be binding on all parties having any right, title or interests in this phase of the plat or any part thereof, their heirs, successors, and assigns. After the Developer has completed the work required of them under this Agreement as set forth in Section 8, at the Developer's request, the City will execute and deliver to the Developers a release or partial release (s) of this Agreement. H. The Developer shall take out and maintain until one (1) year after the City has accepted the public improvements, public liability and 0 property damage insurance covering personal injury, including death, and any claims for property damage which may arise out of the Developer's work or the work of their subcontractors or by one 13 directly or indirectly employed by any of them. Limits for bodily injury and death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence; limits for property damage shall be not less than $200,000.00 for each occurrence. The City shall be named as an additional named insured on said policy, and the Developer shall file a copy of the insurance coverage with the City prior to the City issuing further building permits. I. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. J. The Developer shall pay for all local costs related to drainage improvements required to complete the construction according to the plans and conditions that are a part of this Agreement. K. Should development of the plat proceed at a pace slower than anticipated, and for that reason, specific terms of this agreement become onerous or unduly burdensome to the Developers, upon his/her application, the City will enter into negotiations regarding those specific terms and shall not unreasonably withhold consent to appropriate changes in the terms of this Agreement. L. The Developer shall demonstrate and maintain compliance with the 1991 Wetland Conservation Act. M. The Developer shall be responsible for all on site drainage as well as for any affects that their actions may have on adjoining properties. Specifically, the Developer shall maintain existing drainage tiles on site, and shall be responsible for any and all drainage problems related to either the site drainage tiles or problems with on-site drainage facilities to be constructed in accordance with this agreement and plat approval. 38. Previous Developer's Agreement. Applicable portions of the previous Developers Agreement for MARTIN FARMS still remains in effect for this Plat, subject only to modifications set forth in this Agreement. 14 39. Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, their employees or agents, or mailed to the Developer by registered mail at the following address: US Homes Corporation c/o Lennar, Attention: Joe Jablonski, 16305 36ffi Avenue North, Suite 600, Plymouth, MN 55446. Notice to the City shall be in writing and shall be either hand delivered to the City Clerk at the following address: City of Otsego, City Hall, 13400 90th Street NE, Otsego, MN 55330, Attention: City Clerk CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk US HOMES CORPORATION DEVELOPER Its: STATE OF MINNESOTA ) ) ss. 15 COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this day of 20145 by Jessica Stockamp, Mayor and by Tami Loff, City Clerk, of the City Otsego, a Minnesota, municipal corporation, on behalf of the City and pursuant to the authority of the City Council. Notary Public STATE OF MINNESOTA ss. COUNTY OF The foregoing instrument was acknowledged before me this 2014 by the of US Homes Corporation with authority and on behalf of the corporation. Notary Public DRAFTED BY: MACARTHUR LAW OFFICE, LLC 3 601 Thurston Avenue North Suite 103 Anoka, MN 55303 (763) 231-5850 day of